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DECREE No

DECREE No. 22-CP ON THE 9TH OF MARCH 1995 OF THE GOVERNMENT PROMULGATING THE REGULATION ON THE PREVENTION AND FIGHT AGAINST FOREST FIRES

THE GOVERNMENT

Pursuant to the Law on Organization of the Government on the 30th of September 1992;

Pursuant to the Law on the Protection and Development of Forests on the 19th of August 1991;

At the proposal of the Minister of Forestry,

DECREES:

Article 1.- To promulgate together with this Decree the Regulation on the prevention and fight against forest fires.

Article 2.- The Ministers, the Heads of the ministerial-level agencies, the Heads of the agencies attached to the Government, the Presidents of the People's Committees of the provinces and cities directly under the Central Government, and the forest control agencies at various levels shall have to implement this Decree.

Article 3.- This Decree takes effect from the date of its signing.

All earlier regulations contrary to this Decree are now annulled.

On behalf of the Government

For the Prime Minister

Deputy Prime Minister

PHAN VAN KHAI

REGULATION ON THE PREVENTION AND FIGHT AGAINST FOREST FIRES

(issued together with Decree No.22-CP on the 9th of March 1995 of the Government)

Chapter I

GENERAL PROVISIONS

Article 1.- Forest fire is a disaster causing big losses in property and lives to the people. All echelons and branches and all citizens - especially those organizations and individuals operating in the forests and on the forest fringes - have the duty to protect the forests, and observe the Regulation on the prevention and fight against forest fires.

Article 2.- The People's Committees at all levels shall, depending on their function, tasks and powers, direct the prevention and fight against forest fires within the territory of their locality.

The forest owners must carry out the Regulation on prevention and fight against forest fires, and shall take responsibility for the fires in the forests under their management.

The Forest Control Agencies at all levels shall have to assist the administration at all various levels to direct and implement the prevention and fight against forest fires, and guide the forest owners in the prevention and fight against forest fires.

The State managerial agencies in the concerned branches shall have to coordinate with the forest control agencies at all levels in the prevention and fight against forest fires.

Chapter II

REGULATION ON THE PREVENTION AGAINST FOREST FIRES

Article 3.- The Forest Control Department is the specialized directing agency, having the responsibility to assist the Minister of Forestry in directing the localities in their coordination with the meteorological and hydrological agencies in the forecast of forest fires, planning and determination of sites most vulnerable to forest fires on the map and on the actual geography; in working out and implementing the plans and measures for prevention and fight against forest fires, and in controlling and synthesizing the situation of the prevention and fight against forest fires throughout the country.

Article 4.- The local Forest Control Agencies shall have to assist the People's Committees of the same level in organizing forest fire forecast stations, and directing the forecast at each locality; in working out plans for prevention and fight against forest fires; in organizing the necessary manpower, means and equipment for this work, increase the awareness and education about prevention and fight against forest fires among the population community, in inspecting and controlling the implementation of the Regulation on preventing and fighting forest fires and handling the violations of these regulations.

The Forest Control Agency at the provincial level must timely inform each region of any hot and dry climate.

Article 5.- The Fire Brigade of the Ministry of the Interior is the State management agency on forest fire prevention and combat in general. It has the responsibility to coordinate with the Forest Control Agency of the Ministry of Forestry in directing the purchase of specialized equipment and means for the prevention and fight against forest fires; guide the organization and professional training for the forest fire prevention and combat forces; and taking part in the rescue operations in case of forest fire, and in determining the cause of the fire.

Article 6.- All forest owners must carry out the following measures of prevention and fight against forest fires :

1. With regard to the concentrated forests, the forest owners must build forest prevention projects, such as : fire separation lines and canals, guard mirador against fires, warning signs and fire ban signs, communication system, transformation and construction of streams, lakes, dams and canals to store reserve water to fight against forest fires. They have to submit to the direction and control of the local Forest Control Agency.

2. With regard to the scattered forests managed by different forest owners, the local Forest Control Agencies must work out plans of forest fire prevention, and direct its implementation. The forest owners must implement and have the duty to contribute to the expenditures for the realization of the plan of fire protection and combat.

3. While designing the concentrated forests, it is necessary to design also projects to prevent forest fires, which must be approved by the provincial Forest Control Agency. Forests must not be planted where no forest fire prevention projects have been designed. When a forest is planted, these projects must also be constructed immediately.

4. In planting forests, especially in planting inflammable trees like pine, cajeput and other oleaginous trees, bio-sylvicultural measures must be taken such as planting multi-tier mixed forests, building fire separation tree lines with fire-resistant trees.

5. In the places vulnerable to forest fires, and where conditions permit, measures of replenishment, tending and sanitation of forests, or the method of "controlled advance burning" shall be applied before the hot and dry season, with a view to reducing the sources of inflammable materials.

6. During the hot and dry season, there must be a permanent patrol and guard to detect forest fires, and rescue the forests in time, whenever a fire breaks out.

7. There must be a plan to equip the forest control forces with the necessary equipment and means to prevent and fight against forest fires, combining simple and mechanized means, in order to modernize step by step the prevention and fight against forest fires.

Article 7.- It is forbidden to make fires in the forests in the following cases :

1. To make fires in highly inflammable forests, such as pine, cajeput and bamboo forests, newly planted forests and newly reproduced forests, during the hot and dry season, hills of elephant grass, arundinaceous cane, reed... liable to make the fire spread into the forest.

2. To make fires in the timber wharves.

3. To make fires in the special-purpose forests.

4. Using fire to hunt for birds, wild animals and bees, to fell trees, to gather fire wood, to clear a path, to burn a pasture for green grass; and other wanton uses of fire which might cause forest fires.

Article 8.- Fires can be made in the forests in the following cases (not provided for in Article 7) :

1. The burning of swiddens must comply with Article 21 of the Law on Protection and Development of Forests. Before burning, the owner of the swidden must build a fire separation around it, and the burning is allowed only when there is light wind, and a guard must be posted so that the fire shall not spread to the nearby forest. All the embers must be put out after the burning.

2. The burning of undergrowth to prepare the soil for forest planting must comply with the regulations on prevention of forest fires stipulated in Item 1, Article 8 of this Regulation.

3. Making fires for cooking, heating and other necessities should avoid the places with lots of tinder, and all the embers must be put out after the use of fire.

Article 9.- In the highly inflammable forests crossed by a railway, the railway service must :

1. Together with the Ministry of Forestry, issue concrete regulations on the portions where fire separation lines must be created, at least five meters wide from the base of the railway to the forest (protection corridor of the railway). The railway service must coordinate with the forest owners in regularly clearing the reed, grass and bushes every year.

2. Together with the Ministry of Forestry, define the portions of the railroad where the ash-box must be closed and no ashes are allowed to be spread, as well as those portions where the train driver is allowed to release hot ashes, but these must be watered to put out all embers before the ash is released into the air.

3. The railway service has the duty of reminding passengers not to throw embers into the forest when the train passes inflammable forests.

Article 10.- In the forests crossed by high-voltage power lines, the managerial agencies of the high-voltage power lines must annually remove the inflammable materials beneath the lines, lying within the power line protection corridor.

Article 11.- In the tourist forests, the tourist service must issue a regulation to be observed by tourists, concerning the camping areas, the places where no fire can be made, and the rules concerning the prevention and fight against forest fires, and instill the sense of prevention of forest fires for the tourists.

The managing boards of the tourist forests shall take responsibility for the prevention and fight against forest fires in the areas within their management.

Article 12.- All organizations and individuals shall have to comply with the regulations on forest protection and prevention and fight against forest fires, in all their activities in the forests and forest fringes.

Article 13.- The Ministry of Forestry (Forest Control Department) shall have to build key forest fire prevention projects, such as the system of main fire separation lines, and fixed guard miradors in the key areas susceptible to big fires.

Chapter III

FIGHT AGAINST FOREST FIRES

Article 14.- When a forest fire breaks out, the People's Committees at various levels shall have the responsibility and the power to mobilize all necessary forces and means to combat the fire in time.

Article 15.- All organizations and individuals operating in the forests or on forest fringes have the responsibility, when detecting a forest fire, to alert the owner or the nearest Forest Control Agency. They must at the same time take measures to immediately put out the fire, and must obey the order of mobilization of manpower and means to fight the forest fire.

Article 16.- When a forest fire breaks out, the forest owner must immediately mobilize all the forces and means available to fight the fire; at the same time he must alert the authorized agency to ask for help, if a big fire is imminent. He must assure the safety of the participants in the fight against forest fires, and remunerate them appropriately.

Chapter IV

BUDGET FOR THE PREVENTION AND FIGHT AGAINST FOREST FIRES

Article 17.- The expenditures for the prevention and fight against forest fires derive from the following sources:

1. The State allocates fund from the budget (comprising regular expenditures for professional activities, special-purpose equipment and capital construction) for the rangers in the prevention and combat against forest fires, for the construction of fire prevention projects, for directing and inspecting the forest owners in the prevention and fight against forest fires in collaboration with other forces in the locality, such as the police, the army and volunteers among the population.

2. The localities shall deduct from their budget a reserve fund to overcome the natural disasters, including crop failures or forest fires, which cause great losses in lives and property to the local population.

3. Contributions of forest owners who invest in the prevention and fight against forest fires, on the forest land allocated by the State to the organizations, households and individuals for stable and long term use in forestry business.

Article 18.- On budget plan:

1. With regard to the forest areas managed by the Forest Control Agency on behalf of the administration at various levels especially in the key forest areas, the provincial Forest Control Agency shall draw up the plan for forest fire prevention and combat and the financial plan, and submit them to the provincial People's Committee for approval. This finance shall be deducted from the budget for forest service of the State.

2. With regard to the forest land allotted by the State to the organizations, households and individuals, every year the forest owner must draw up a plan for forest fire prevention and combat and the financial plan, and submit them to the authorized level for approval.

3. Each year, the Ministry of Forestry and the People's Committee of the province, where big forest fires caused great losses in lives and property to the people, shall report to the Government to consider aid from the central budget to the population in the stricken areas.

Article 19.- In order to ensure close management of the budget for forest fire prevention and combat, and to make sure that this budget is used for the right purpose and according to the professional and technical requirements, the Forest Control Agency at all levels shall have to closely coordinate with the related branches, in order to regularly direct, monitor and control the realization of the forest fire prevention and combat projects.

Chapter V

REWARDS AND PENALTIES

Article 20.- The organizations and individuals with meritorious achievements in the prevention and fight against forest fires shall be commended and rewarded according to the State regulations. Those persons, who are injured or die in the prevention and fight against forest fires or lost their property, shall receive compensations according to the current policies and regimes.

Article 21.- Those who violate the provisions of this Regulation shall receive administrative sanctions or be examined for penal liability, depending on the extent of their violations.

Chapter VI

FINAL PROVISION

Article 22.- The Ministry of Forestry shall guide, direct and inspect the implementation of this Regulation by the various levels and branches throughout the country, shall cooperate with the other ministries and the concerned branches to work out and issue the technical process and norms for forest fire prevention and fight, and shall periodically report to the Prime Minister on the prevention and fight against forest fires.

The Ministry of the Interior, the Ministry of Communication and Transport, the Ministry of Energy, the Ministry of Finance, the State Planning Committee, the General Tourist Department, the General Meteorology and Hydrology Department, and other concerned agencies shall coordinate with the Ministry of Forestry in guiding the implementation of this Regulation.

Article 23.- This Regulation takes effect from the date of its issue. The earlier regulations about prevention and fight against forest fires which are contrary to this Regulation are now annulled.

On behalf of the Government

For the Prime Minister

Deputy Prime Minister

PHAN VAN KHAI